The Gas Safety (Installation and Use) Regulations 1998 (‘the Regulations’) place duties on Landlords to ensure that gas appliances, fittings and flues are safe.
Section 36 of the Regulations details the duties of a landlord which include ensuring that:
- there is maintained in a safe condition any relevant gas fitting and any flue which serve any relevant gas fitting so as to prevent the risk of injury to any person
- each appliance and flue is checked for safety within 12 months of being installed and at intervals of not more than 12 months
- a record in respect of any appliance or flue so checked is made and retained for a period of 2 years
- records shall be made available upon request and upon reasonable notice for the inspection of any person in lawful occupation;
- all installation, maintenance and safety checks are carried out by a Gas Safe registered engineer
It should be noted that a landlord:
- cannot delegate duties to a tenant
- retains overall responsibility for ensuring compliance with the Regulations. If a management company is used the contract should clearly identify who is to make arrangements for maintenance and safety checks to be carried out and to keep records
- has to take all reasonable steps to ensure that compliance with the Regulations is maintained. This may involve providing written notice to a tenant that access is required. Records should be kept of all actions taken in order to ensure compliance.
What Are The Penalties For Breach? | Kangs Regulation Advisory Solicitors
Given that any breach of the Regulations contained within the Act may potentially result in loss of life for any tenant(s), the penalties for any failure are serious being imprisonment or an unlimited fine.
How Can We Help? | Kangs Regulatory Team
We have a proven track record of dealing with such cases and it is important that you receive the correct advice as early in the proceedings as possible.
Who Can I Contact For Help? | Kangs Criminal Defence Solicitors
Please feel free to contact our team through any of the lawyers named below who will be happy to provide you with some initial advice and assistance.